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Under agenda item 4, we are considering five affirmative instruments.

Does the committee wish to draw the instrument to the attention of the Parliament on the general reporting ground in respect of the incorrect reference in paragraph 4(3) of new schedule 8A to the Greenhouse Gas Emissions Trading Scheme Order 2020, which is inserted by article 27 of the instrument, to article 18(11) of the free allocation regulation, which should have been to article 18a(11) of that regulation?

No member has indicated that they are not content or that they wish to speak, so we are agreed.

Does the committee also wish to welcome that the Scottish Government is liaising with the other United Kingdom Administrations with a view to correcting the error at the next available opportunity?

No member has indicated that they are not content or that they wish to speak, so we are agreed.

The instrument relates to the phasing-in of border controls on imports of certain goods following EU withdrawal. It breaches section 28(2) of the Interpretation and Legislative Reform (Scotland) Act 2010, as it was laid on 22 December 2021 and came into force on 1 January 2022.

Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (j), in relation to the failure to lay the instrument in accordance with laying requirements under the 2010 act?

No member has indicated that they are not content or that they wish to speak, so we are agreed.

The Scottish Government has provided an explanation of the reasons for the failure in a letter to the Presiding Officer and in response to the committee’s written questions. All of the committee’s correspondence on today’s instruments can be found in paper 3 of the online papers. Clearly, there is an issue between the Scottish Government and the UK Government. I suggest that we highlight that to the subject committee, which is planning to look at the instrument next week. It can then make any decision that it wishes to take as a result.

No member has indicated that they are not content with that course of action or that they wish to speak, so we are agreed on that.

Finally under this agenda item, no points have been raised on the following instrument.

Thank you, Mr Simpson. I echo those comments, particularly regarding clarity for members of the public. Anyone who is a lawyer will be able to navigate their way around the situation, but I suggest that, in order to give clarity for members of the public in what is a fast-moving situation—we have seen a number of regulations in the area—the Scottish Government needs to improve. This is not a common occurrence by any manner of means. This is the first time that it has happened, as we will all acknowledge. However, I agree that we should write to the minister to highlight our concerns.

Does the committee also wish to note that the Scottish Government undertakes to clarify the anomaly in the instrument’s title in footnotes to subsequent amending instruments?

Other than the comments that have been made, no member has indicated that they are not content or that they wish to speak, so we are agreed on both points.

Is the committee content with the instruments?

No member has indicated that they are not content or that they wish to speak, so we are agreed.

Under agenda item 3, we are considering instruments subject to the negative procedure. An issue has been raised on the following instrument.

The instrument is one of a series of instruments that amend the Health Protection (Coronavirus) (International Travel and Operator Liability) Regulations 2021. Usual drafting practice requires that each amending instrument in a series should reflect the title of the principal regulations that it amends and should include a number indicating the number of Scottish statutory instruments amending the principal instrument in that year. However, when referring to the principal regulations, the title of this instrument refers to “Public Health” rather than “Health Protection”. The Scottish Government has confirmed that that was an error.

The next correctly designated instrument amending the consolidated international travel regulations is also numbered 13. The number in the title of further amending instruments will therefore not accurately reflect the number of instruments that have amended the international travel regulations in 2021. The Scottish Government confirmed that it does not propose to amend the citation provision in regulation 1 of the instrument, because that could cause further confusion. Instead, it will draw users’ attention to the instrument in footnotes in subsequent instruments, where appropriate.

Does the committee agree to report the instrument on the general reporting ground, in respect of a failure to follow proper drafting practice in the title of the instrument?

Mr Simpson wishes to comment.

Under agenda item 2, we are considering instruments subject to the affirmative procedure. No points have been raised on the following draft instruments.

Is the committee content with the instruments?

No member has indicated that they are not content or that they wish to speak, so we are agreed.

Finally, under agenda item 4, we are considering instruments not subject to parliamentary procedure. An issue has been raised on the following instrument.